A wholly non-custodial sentence for serious child pornography offences of accessing and transmitting material under s 474.19(1) of the Criminal Code (Cth), carrying a 15-year maximum, will ordinarily be manifestly inadequate, even where the offender demonstrates exceptional remorse and commitment to rehabilitation. General deterrence remains the paramount sentencing consideration for such offences. However, the question whether a non-custodial disposition requires 'exceptional circumstances' (per Guest) or merely that such cases are 'not precluded' (per Smith) remains contested, with Priest JA favouring the latter, more flexible formulation.
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